Triple Talaq: The End of a Popularised Lie

Abstract

The laws governing marriage and divorce among the Muslims in India witnessed a controversy much recently when the matter of ‘triple talaq’ came before the Indian Supreme Court for its final adjudication. There were opinions regarding the laws being ‘orthodox’ in nature thereby clogging the progress for the community. The Court finally, after witnessing a period of enormous discussions and explanations, came to the conclusion that the triple talaq is unconstitutional in nature.

However, the journey is more interesting than the outcome of the case. This paper is an attempt to present the journey of the long accepted practice of triple talaq, from Quran to British India and from British India to independent India. It is an attempt to find out the reason behind the ever existing  conflict between the personal law and the Constitution by glimpsing the Islamic Jurisprudence and various judgements of the Courts of this country.

Attempt has also been made to trace the timeline so as to know how the cause of development of authoritative value of this practice.

Lastly, a suggestion has been included to share a conducive mechanism to resolve this conflict.